Editorial: End Burlington’s mask ban

Police handcuff and detain two men after they refused to take off their masks or identify themselves Nov. 5 following a rally in front of Burlington City Hall protesting the Klu Klux Klan.RYAN MERCER/FREE PRESS(Photo: RYAN MERCER/FREE PRESS)Buy Photo

The recent enforcement of a city ordinance that forbids anyone over 21 to wear a mask to conceal their identity says that Burlington has a dress code for protesters.

The detention of two men at a recent downtown protest rally under the rarely used ordinance raises questions about the city’s respect for the First Amendment.

The City Council is considering a request to create exemptions for the Mardi Gras parade and Halloween. Councilors instead should strike down an ordinance that allows police to place people in custody for simply covering their faces.

City police detained two men at an anti-KKK rally Nov, 5 on the Church Street Marketplace for wearing Guy Fawkes masks, popularized by the movie “V for Vendetta” as an anti-establishment symbol.

The rally was in response to KKK recruitment fliers left at the homes of two women of color. A 21-year-old man connected with the flier has been charged with two counts of disorderly conduct with hate-crime enhancement.

The mask-wearing pair was handcuffed and taken into custody when they refused to identify themselves, but were later released when they were found to be under 21.

As the Free Press reported, “The rule has been in the City Charter since 1962 but is rarely enforced, Burlington police say.”

The sight of police handcuffing people wearing a mask recognized as a political statement at a protest event can have a chilling effect on the exercise of a basic civil right and puts law enforcement on the wrong side of free speech.

The ban in Burlington makes no sense, when each year the Church Street Marketplace is filled with people in masks on Halloween and during the city-sanctioned Mardi gras parade led by the mayor in masked costume, all without fearing police action.

Also, people walking the streets of the city in winter cover their faces as protection against the brutal cold with ski masks, balaclavas and scarves, a common sense move for anyone who has spent any time in Vermont.

The ordinance is unenforceable and opens the door for selective application that can be been as targeting people based on their beliefs or appearance.

The very fact that the City Council is considering a request for exemptions for theatrical performers and holidays shows just how ludicrous the ordinance is.

The Burlington City Council should remove this questionable ordinance from the City Charter, and clear the way for stronger protection of political speech in the public square.

Join the conversation online at BurlingtonFreePress.com or send a letter to the editor to letters@freepressmedia.com. Contact Aki Soga at asoga@freepressmedia.com. Follow him on Twitter at @asoga.